GS HOSPITALITY, LLC Missouri Cases

GS Hospitality, LLC appealed the circuit court's grant of summary judgment in favor of YAM Capital III, LLC on its counterclaims, which included abuse of process, breach of fiduciary duty, wrongful foreclosure, punitive damages, declaratory judgment, and civil rights violations. GS Hospitality also challenged the denial of its partial motion for summary judgment and the cancellation of its notice of lis pendens. The appellate court affirmed the circuit court's judgment on all points, finding no error in the dismissal of any of GS Hospitality's claims. The court also granted YAM Capital's motion for attorney fees incurred on appeal and remanded the case for a determination of the fee amount.

YAM Capital III, LLC, obtained an order appointing a limited receiver for GS Hospitality, LLC's motel property after GS defaulted on a note. GS Hospitality moved to revoke or modify this order, but the trial court refused. GS Hospitality appealed this refusal. The appellate court dismissed the appeal as moot because the receiver's final report had been filed and approved, and the receiver had been discharged by the trial court, rendering any decision on the merits of the receivership order without practical effect.